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(영문) 대구지방법원 2018.05.09 2017구합24099
학급교체처분 등 취소
Text

1. The plaintiff's claim is dismissed.

2. The costs of lawsuit shall be borne by the Plaintiff.

Reasons

1. Details of the disposition;

A. At the second grade of the D Elementary School as of 2017, the Plaintiff was a male student who was in school with E and female students at the second grade of the D Elementary School as of 2017. 2) On May 8, 2017, the Plaintiff returned to E along with E during the class hours of “original experience activities.”

As soon, E takes part in victim students and enters the change column of the second floor male toilet, and the plaintiff entered the change column according to E and victim students.

3) E made an indecent act against a victim by reporting the sexual organ of a victim student in the changing partitions and exposing him/her, and displaying his/her sexual organ to a victim student. The Plaintiff was in compliance with such a series of indecent acts in the changing partitions (hereinafter “instant school violence”).

(4) On May 15, 2017, the Defendant became aware of the instant school violence upon reporting by a health assistant teacher.

B. Defendant’s disposition 1) Autonomous Committee on Countermeasures against School Violence (hereinafter “Autonomous Committee”).

(2) On May 24, 2017, the Act on the Prevention of and Countermeasures against Violence (hereinafter “Act on the Prevention of School Violence”) provides that “The Act on the Prevention of and Countermeasures against School Violence” (hereinafter referred to as “Act on the Prevention of and Countermeasures against School Violence”)

(2) On May 25, 2017, upon the request of the autonomous committee, the Defendant requested the Plaintiff to take the following measures pursuant to Article 17(1).

(hereinafter referred to as “instant disposition”). The decision of the aggressor student is not made and the written copying of the victim student under Article 17(1)1 of the ASchool Violence Prevention Act and the contact between the victim student and the reported or accused student under Article 17(2)2 and the victim student under Article 17(3)1 of the ASchool Violence Prevention Act, and six hours of the special education of the aggressor student under Article 17(9) of the B/L on the replacement of class class No. 7,

C. The plaintiff of the previous trial procedure is subject to the disposition of this case.

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